PENTHOUSE INTERN., LTD. v. BARNES

No. 85-6023.

792 F.2d 943 (1986)

PENTHOUSE INTERNATIONAL, LTD., a New York Corporation, Plaintiff/Appellant, v. Priscilla BARNES, Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1986.

As Amended on Denial of Rehearing July 30, 1986.


Attorney(s) appearing for the Case

Norman Roy Grutman, Grutman, Miller, Greenspoon, Hendler & Levin, New York City, for plaintiff/appellant.

David Elson, Manatt, Phelps, Rothenberg & Tunney, Los Angeles, Cal., for defendant/appellee.

Before SCHROEDER, BOOCHEVER and HALL, Circuit Judges.


BOOCHEVER, Circuit Judge:

Penthouse International, Ltd. (Penthouse) filed for a declaratory judgment of the terms of a 1975 model release with Priscilla Barnes (Barnes). Barnes counterclaimed for damages and injunctive relief, alleging breach of confidentiality. The district court bifurcated the trial, and this appeal is from the declaratory judgment only.

Pursuant to the contract Penthouse published nude photographs of Barnes under a fictitious name in its...

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